TERMS AND CONDITIONS

We thank you for using Fondify’s services (from now on “Services”). The Services are provided through Fondify (from now on “Fondify”), whose fiscal address is located in PA Int A, Av .Miguel Hidalgo y Costilla 2074, Ladrón de Guevara, 44600 Guadalajara, Jal. The use of our Services implicates the acceptance of this Terms and conditions. We request that you read them thoroughly.

Objective of the platform

The objective of the mentioned platform is to carry out the projects of the organizations of the civil society, published through the different channels or tools of the platform, by means of funds collection.

Definitions

For the effects of the Terms and conditions, one will understand by:

Aggregator: Fondify has a service’s contract with extern companies which help us to accept and process the payments.

Contribution: Generally, all what persons deliver that give funds, it could be money, species or professional or not professional services.

Article: object put for sale in the platform, through de collection channel called shop.

Assistant: person who acquires a ticket, with cost or free, with the purpose to assist to the event y

Collection channels: Are tools designed so that the organizations of the civil society can digitalize, enable and simplify its funds and resources procurement for the different projects they realize: donation, crowdfunding, shop, events, volunteers, species donation, auctions, pro-bonus and others.

School: Association constituted by a group of professionals of different branches or sciences, which inscribes to the platform and admits professionals that form part of the school.

Commission: Is a steady quote proportional to the Service that Fondify offers. It also refers to the commissions which the banks take for the payment’s services.

Purchaser: person who acquires the article published in the collection channel named shop, through the payment of an amount of money.

Creator: That user belonging to an organization of the civil society and who uses one or all our collection channels to get resources.

Premier account: Is that modality in which the persons who request funds have the right to the use of the platform and of the collection channels, by means of the payment of a monthly amount.

Donor: person who delivers an amount of money or in species, in volunteer and free form, monthly or one sole payment, to the contributor, with the purpose to fulfill his objective.

Contributor: person who receives the money, object or article, in volunteer and free form, to fulfill the purpose.

Event: It is a project created by the organizer, with the purpose to summon persons to assist, this can be free or with cost and can be developed in one sole occasion or they can extend for a certain time, they can be cultural, of recreation, information, courses, for qualification, and others.

Experiences: Are those benefits which are granted to persons who give funds, these can be circumstances or unforgettable moments in your live.

Fondify: Laboratorio Futuro Innovación, S.A.P.I. de C.V.

Organizations of the civil society: citizens and social movements organized around certain objectives, group of persons or themes of interest. In the organizations of the civil society there is room for NGOs as popular- formal- or not formal organizations and other categories, as citizens’ initiatives, projects of social impact or social causes, mass media, local authorities, business men, the investigation world , among others.

Organizer: person who carries out an event and publishes it in the collection channel named event of the platform.

Sponsor: person who realizes volunteer contributions to the creator with the purpose that the last one fulfills his objective.

Persons who request funds: in general the contributors, creators, salesmen, organizers, auctioneers and recruiters.

Persons who grant funds: in general the donors, sponsors, buyers, assistants, bidders, volunteers and professionals.

Bidder: person who assists to the auction and realizes bids with the purpose to acquire the object

Professional: person who gives a professional service, specialized and free in the collection channel named pro bonus.

Project: it is the objective for which resources are been collected, it can be at short, middle or long term, it can have a start and an end or be permanent, the project is selected by the creator and Fondify marks out of any responsibility on the same.

Rewards: Objects and/or experiences given by the creators to the donors who realize contributions of their crowdfunding campaigns.

Recruiter: person who summons, through the collection channel named volunteers of the platform, to help him with free services.

Room: microsite where the information of the organization of the civil society is, with the purpose that the donor can accede in a transparent and simple way.

Services

The activities realized by Fondify to collect through the different collecting channels, which will be described in this document.

Site: https://www.fondify.org

Auctioneer: person who loads an object to the platform, in the collecting channel, with the purpose that several persons emit proposals for the purchase of the same object, the buyer being the one who realizes the highest bid.

User: Every member who enters into our site and/or uses our services and/or acquires in a free form articles, objects, experiences and/or rewards in exchange for a determined amount national currency or in its case in the legal currency of the country where the project is being developed.

In general, every person, physical or moral, who uses the platform as well as the collection channels.

Salesman: person who loads the article to the platform through the collecting channel named shop, with the purpose that some person acquires it through payment of an amount of money.

Volunteer: person who is accepted by the recruiter to give free service with the purpose to carry out the recruiter’s project.

Acceptance

By using or entering Fondify’s Internet site or any service of Fondify through the Internet site, you explicit accept to know all terms and conditions and the privacy notice of Fondify, located in the Internet address https://www.fondify.org/privacy. If you do not agree with the Terms and Conditions please do not use the service.

Although we can try to notify significant changes in the terms of the service, you must regularly look at the actualized version of it in https://www.fondify.org/terms

Fondify will be able, at its discretion, to modify or correct these terms and politics of the Service at any moment, and you explicit accept, that you will be subject to named modifications or corrections. Nothing established in these terms of the service will be considered as a granting of rights or benefits to thirds.

The Services of Fondify can only be used by persons with the legal capacity to contract.

Use of our Services

You must not use our Services in the wrong way. We can suspend or cancel our Services if you do not fulfill our politics or conditions or if we consider that your behavior could be unkind.

The use of our Services does not turn you in owner of any intellectual property rights of them neither of the contents to which you accede. You can only use the contents of our Services if the owner gives you authorization or if it is permitted by the law. These conditions do not grant you the right to use the brands, neither the used logotypes in our Services. Do not eliminate, hide or

Our Services show contents which does not belong to Fondify. This content is exclusive responsibility of the entity that has put it at disposal. We can verify the contents to determine if it is legal or it contravenes our politics, and eliminate it or deny the publication of it if we have enough reasons to consider that it contravenes our politics or the law. However, this possibility do not necessary implicate that we verify the content, so you do not have for sure that we are going to do it.

In relation with the use of our Services, we can send you service information, administrative messages and other type of information. If you want, you can disactivate some of these communications.

Things you cannot do under any concept

Do not infringe the law. Do not realize any action which contravenes or violates the rights of other persons or infringes the law or any other contract or legal obligation that you have with whoever.

Do not lie. Do not publish information knowing that it is false, deceitful or not exact. Do not realize any deceitful or fraudulent action.

Do not offer forbidden articles. Do not sell, offer, give, auction or donate illegal products or articles which violate any of our politics, norms or rules of Fondify or that infringe the law, decrees, ordinances or valid normatives.

Do not pursue anybody. Do not realize any action that is threatening, abusive, pursuing, defamatory, slanderous, deceitful, offensive or invasive for other person’s privacy.

Do not realize wrong use of the personal information of other users. When you use Fondify and especially if you load your project, cause or association and you receive information of other users, as the name, email address and postal address. This information is given with the only purpose of supporting projects or causes of social nature: do not use it with other purposes neither in illicit form.

You cannot publish in the platform through the collection channels.

Any article that pretends to cure, treat or prevent an illness or affection (through a device, an application, a book, a nutritional supplement or any other mean).

Competitions, raffles, bets and games.

Energetic drinks and food

Offensive material, (par example: oral incitation to hatred or violence, etc.)

To offer an organism genetically modified.

Animals that live

To offer financial services, services of payment’s processing or of credit; financial mediators or instruments which are equivalent to a money value; travel services (p.e. vacation packages); telephone services (par example prepaid telephone services, free call numbers 900); and marketing services.

Pornographic material

Projects that promote discrimination, intolerance or aggression towards marginal groups

Drugs, nicotine, tobacco, vaporizers and related paraphernalia

Weapons, weapons replica and accessories for weapons.

If you think that your project involves something illegal, it is subject to a great number of regulations or it can be dangerous for the sponsors and if it is not in this list, take contact with us before you start your project.

Protection of the site

Do not try to interfere with the correct function of the Services.

Do not raffle the measures we have put in practice to protect the Services.

Do not try to damage neither to obtain a not authorized access to any system, data, countersigns, and no other information, as well if they belong to Fondify or are property of a third.

Do not realize any action which imposes a not reasonable charge to our infrastructure or to suppliers. (We reserve the right to determine what is reasonable).

Do not use any kind of software nor device (nor manual neither automatic) to ”track” any part of the site.

Do not dismantle nor realize inverse enginery in any aspect of Fondify trying to accede to the source code, the basic ideas or the algorithms, among other elements.

Function of the platform

Fondify provides a platform of resource’s collection for organizations of the civil society. When an organization of the civil society uses any collection channel in Fondify, it is inviting other persons to formalize a contract with him. Any person who accepts the proposal through the different collection channels, declares specific to accept the contract, the responsibilities which derive from it and the consequences.

Fondify offers a simple, friendly and transparent space which converts the traditional form of resources’ collection in a different platform with different ways to collaborate with organizations of the civil society, which are changing the world.

Room

The room is a microsite that the creator generates and that contains the following information of its organization of the civil society: category, foundation date, history, mission, activities, achievements, contact, amount of donors, collected funds and visitors, as well as the name of the benefactor companies and a gallery with images and videos about the creator’s progress. The contained information does not belong to Fondify. This content is exclusive responsibility of the creator.

To be able to create a room with us, it is necessary to validate your identity as association of the civil society, why will request some personal and legal data, as well as private documents, which are not going to be shared with thirds.

Collection channels

Fondify offers different ways to collect resources:

Donation

The donation is the contract by means of which the donor transfers to the contributor, in a free form a sum, this can be divided in donations of one sole payment and periodic donations.

The donations of one sole payment are those through which the donor realizes the payment of the sum he wants to the contributor for one single occasion or in the occasions the donor wants.

The periodic donations are those, which the donor realizes monthly, for the amount that he chooses, to one project or to the project that Fondify, at discretion, selects, this can be discounted directly from his bank account.

The donation allows the contributor to collect funds for his project. The donor can contribute any amount, at any moment to the contributor of his election. One can choose the periodic donation, which functions in the monthly form.

In the case the periodic donation is selected, the account from which the amount is going to be

discounted, must be indicated, the donation can be cancelled, 5 days before the donation amount is discounted.

Crowdfunding campaigns

Allow the creator to collect funds for very specific projects, placing a final goal and a time limit to collect. The sponsor can make small contributions in exchange of rewards, which the creator gives him in gratitude of his donation.

The process will be as follows, the creator will load the project into the platform requesting an amount, which he thinks is convenient, giving an explanation of how the money will be used and mentioning what gift will be given as gratitude, is it the case; a date limit will be set to collect the requested amount. The sponsors can make volunteer contributions to the project until the date indicated by the creator. In the case the amount is collected in the indicated time, Fondify will deposit the money in the account indicated by the creator during the five next days to the date limit; in the case the amount indicated by the creator is not collected, the collected amount will be paid in the same term. The creator is the sole responsible of the gift’s delivery as a way to thank the sponsors who have supported him, indicating them the delivery place, taking them to de sponsor’s selected address or how they, the creator and the sponsors decide.

Fondify is not participant in the gift’s delivery as a gratitude. The creator is the sole responsible to deliver in time and form. The delivery cost, in case it is generated, is additional.

Fondify is neither responsible for the consequences generated by the project or of what occurs in the course it is developing, it has only the obligation to verify that these are within the law, the good manners, that do not affect the social interest and the public order and that do not damage thirds, and in the case that a project transgress the terms, the publication can be denied. In the case that there is damage, Fondify will be only obligated to give the creator’s personal details, so the sponsor can practice his rights.

Shop

The objective of the shop is that the salesman can collect funds through the sale of articles, which can be published in the platform, in exchange of the payment that the purchaser realizes. The named payment will be made by the means that this instrument sets up.

The proceeding will be the following: the salesman will publish an article, will make a description of it, point out the cost and a limit date to realize the purchase. No article can be published in Fondify’s platform for more than 3 months. Fondify has the faculty to deny or authorize the publication, in the case that this is denied, the salesman will be notified giving him an explanation. In the case this is authorized, it will be published. Once the purchaser decides to acquire the article, he will notify the salesman and realize the payment within the next 24 hours of the date the salesman was notified of the purchase.

If the purchaser does not realize the payment within the 24 hours, the purchase has no effect and the salesman can publish the article without responsibility. In the case the purchaser realizes the payment ini the established term and by the means Fondify points out, the salesman is obliged to realize the article’s delivery within the 3 days following the date of payment, in the indicated address by the purchaser or where the salesman and the purchaser agree.

Fondify does not participate in the sale, selection of packages, costs or logistic of the shipment. The salesman is the sole responsible to deliver in time and form the articles or acquired services by the purchaser. The shipment cost is additional to the final cost.

Fondify will have no relation between salesman and purchaser, only the one of publishing the article for a defined time. In the case there is a conflict between the salesman and the purchaser, Fondify is only obliged to give the personal details of the parties so they carry out their rights.

In the case the article is not sold in the term pointed out by the salesman or the one mentioned by Fondify as limit, the article will be retired from the platform and the salesman notified from it because no buyer exists. The article may be published once more 3 months after the date of retirement of the platform. In order that the creator can use this channel, he must have a Premium account.

Events

The event will have as object the funds collection through the publication of an event, this can be with cost or free. The collection process will be the following: the organizer will publish an event previous revision and authorization by Fondify. The publication must content a description of the event, date, place, time and cost of it, in case it has a price, also the limit date for the people present to acquire tickets to assist.

Once the event is published the people present can acquire the ticket before the limit date pointed out by Fondify, through the payment of the ticket as Fondify points out, in the case, that this has a cost, or with the request to obtain a ticket, in the case it is free.

Once the ticket is paid or requested, the organizer must deliver the ticket in the pointed out address, where the parties agree or within the 24 hours next to the request or payment of the ticket, or the day of the event.

In the case the event has a cost and the assistant does not turn up on the day, time and pointed out place, he cannot claim a refund. In the case the event is cancelled by reasons beyond the assistant, the organizer will be obliged to refund the ticket’s cost 5 days after cancellation notice of the event to the assistant or people present.

Fondify is not responsible for the event, the organization, logistic, cancellation, the consequences or mischances which occur in the event, he is neither obliged to refund the ticket’s cost. In case there is a mischance, during or posterior to the event, the sole responsible is the organizer.

In the case there is a conflict between the organizer and the assistant, Fondify will be able to give the personal details, so everyone carry out his rights before the corresponding authorities.

Auctions

Allow the auctioneer to collect funds through the offer of articles to the best bidder. To have the right to participate in the auction, it is necessary to buy an auction’s ticket with the cost of $50.00 fifty Mexican pesos or equivalent in the country’s legal currency, where the bidder wants to participate.

The process will be of the following manner, the auctioneer will load on the platform the article he pretends to auction, previous revision by Fondify that the article fulfills the terms and conditions and authorization by Fondify. Once authorized, the auctioneer must indicate the article’s description, the amount by which the auction will begin and the date the auction will be closed.

Once the auction is closed, the bidder who proposed the highest amount will win the auction and he will have a period of 24 hours to realize the payment of the article by the means Fondify points out.

The auctioneer selects the amount to begin the auction and selects the date in which it shall be closed; the user with the best offer for the article must deposit the rest of the amount to finalize

the auction.

If the auction’s winner does not deposit the money not later than 24 hours after the auction, the next in the list will be the winner and so on. If by any extraordinary reason no bidder deposits the final amount, the article will be auctioned again after 15 days from the auction’s closing. The bidder who inscribes himself to an auction and does not realize his final deposit being the winner, Fondify reserves the right to accept or not the unfulfilled bidder in future auctions.

The collected money with the auction’s tickets will be donated to the creator for his cause. In order the creator can use this channel he must have a Premium account.

Fondify is not responsible for the articles in auction, their quality, of their function neither their delivery, the sole responsible is the auctioneer. Fondify is only responsible to publish the article. In case of a controversy between the auctioneer and the bidder, Fondify can give the data in order that the parties exercise their rights in the corresponding authorities. For the reasons mentioned before Fondify is completely liberated from any obligation or responsibility.

Volunteer work

The volunteer work has as objective to recruit volunteers to support gratuitous a project, service or activity. The service the recruiter loads must not infringe the laws, the public order, the social interest, nor realize damage to thirds and must always pursuit a benefit to the society, as well to give the volunteers a dignified treatment and respect at every moment the volunteer’s human salary. The volunteer accepts that he is not subordinated to a work relation and that he realizes the work for which he was recruited for free and under his own consent. However the volunteer work is gratuitous and free, the recruiter will be able to grant some present or meal to the volunteer.

The process will be the following, the recruiter will load a project, previous revision by Fondify, that it fulfills the terms and conditions. Once the project is authorized, the recruiter must give a description of the project, mention its objective and the benefit it generates to the society, point out the number of volunteers required, the characteristics of them, the place, the date, the hour where the volunteers are going to meet, duration of the project and the activities which the volunteers will have to develop.

The person interested in joining the volunteer work, can request the recruiter to be volunteers. The recruiter, at his discretion, can accept or deny the participation. In the case the recruiter denies the person, he shall be notified, in case he is approved, he will be notified that he is already a volunteer, he will be given notice of the place or places, time, date or dates where the activities are going to be realized, as well as an explanation of the activities the volunteer must develop. The person accepted as volunteer, must declare clearly that he agrees with the terms, that it is not a work relation with the recruiter and less with Fondify and that he makes it under his own will and for free.

If the volunteer does not assist on the date, hour and indicated place by the recruiter without a justification, he will be unloaded from the page and he will not be able to inscribe to any collecting channel. The volunteer will be able to cancel his assistance 3 days before the date of the project, because of a justified cause, like illness or accident.

Fondify is not responsible for the consequences which occur because of the project, the same as of the mischances or accidents that may be generated, the recruiter is responsible for security and consequences.

In the case that any controversy between the recruiter and the volunteer exists, Fondify can give enough information for the parties to carry out their rights before the corresponding authorities.

To be able to use this channel, the creator must have a Premium account.

Donation in species

It allows the contributor to collect no monetary resources (par example food, furniture, real estates, etc.). Its object is to support the contributor so that he can fulfill an objective, which will always be protected by the law, the public order and social interest, do not contravene the rights of thirds and the objects which are auctioned must be classified as legal in the market.

The process will be the following, the contributor will request an object for the purpose he wants, wants it. The donors will inform the contributor of the object they need and send photos of it. The contributor can accept the object and once accepted, the donor and the contributor can agree place, hour and date where the delivery of the donated object will take place.

Fondify is not responsible for the donated object, if it is defective or from bad quality, he is neither responsible for the object’s delivery, the sole responsible being the donor and the contributor. In case there is any conflict between the parties, Fondify can give the information for the parties to carry out their rights before the corresponding authorities.

We do not collect commission of any kind for the use of this channel. In order the creator can use this channel he must have a Premium account.

Pro bonus

The pro bonus, as the volunteer work, allows the recruiter to request the services of professionals and free way to carry out the purpose the recruiter disposes.

The process will be the following: the schools can admit a group of professionals of different branches or matters, and the recruiters will request the services of certain groups of professionals, the number of them and the matter or branch or science. The schools will be able to reserve the right to turn down or to accept the request.

Once the request is accepted, the school can assign the professionals that will give service in a volunteer and free form, according to the recruiter’s indications of the place, date, hour, number of professionals, branch or science and the service´s duration.

The school and the professionals declare that there is no work relation with the recruiter neither with Fondify, that there is no subordination and that they give the service in a volunteer ad free form to fulfill the recruiter’s purpose, which shall be directed to give a benefit to the society.

The recruiter’s project must have the same requirements as the volunteer work’s project, that is to say, do not infringe the law, do not go against the public order, neither the social interest, do not affect thirds and cause a social or environment damage, to pursuit a legal purpose and generates a benefit to the society, as well as a dignified treatment to the professionals and respect at any moment their human rights.

Fondify is not responsible for the consequences that occur because of the project, the same as mischances or accidents that can be generated, the recruiter is responsible for the security and the consequences.

In the case there exists any controversy between recruiter, professional and school, Fondify can give enough information so that the parties can carry out their rights before the corresponding authorities; liberating Fondify of any obligation and responsibility.

We do not collect commission of any kind for the use of this channel. In order the creator can use it, he must have a Premium account.

By using any collection channel, the user accepts that Fondify only supplies a platform to help the fund’s and resource’s transactions between creators and donors, therefore the veracity, contents, schedule, logistic, access, shipment and correct developing of the events, activities, purchases, offers, etc. is the exclusive responsibility of the creator, because of that the user liberates Fondify of any responsibility derived from the relation between creator and user related with the services given by Fondify through the site. In view of the preceding, under any circumstance Fondify will be responsible for any indirect damage, consequential, exemplary, incidental, special or punitive, or for the loss of profits, incomes or business opportunities, although Fondify has been advised of the possibilities of such damages.

Payment methods

All our payment mechanisms are processed by an adder which is processed by a third designated by Fondify.

Credit or debit card

Information will be requested as can be, but without limits: card’s data (name of the owner, card number, expiration date, as the security code); for security politics this payment option may request an additional confirmation process (remittance of documents electronic via) and/or the option to realize a proof charge. If you choose this form of payment, your contribution must be equal or higher than $15.00 and not higher than $20,000.00 national currency.

Cash payment

You have to select the institution where you want to realize the corresponding payment: Seven Eleven, Superama, Sam’s, Bodega Aurrera, Extra, Farmacias Benavides, Farmacias del Ahorro, El Austurian, One, Farmacias Bazar, Te Creemo Fnanciera Popular,l CEFEMEX, Maxilana, Acaja Cerro de la Silla, Caja Solidaria Tamaulipas, La Original and Grupo Petro-Fé or deposits in the Bancos ABC Capital, Afirme, Azteca, BanBajio, Banamex, BancoBase, Banco Famsa, Banorte, Banregio, Bansi, BBVA Bancomer, CI Banco. HSBC, Inbursa, Interacciones, Interbanco, Invex, IXE, JP Morgan, Mibanco, Mifel, Monex, Santander, Scotiabank, Multiva, The Royal Bank, Tokio, Ve Por Mas, Volkswagen Bank, through the system OpenPay (according to the terms and conditions of named system, which are located in the following link: https://openpay.mx/terminos-servcio.html).

By selecting this method we generate an ID personalized code, not changeable and unrepeatable which you have to print and present in any of the different stores located in Mexico. The amount to pay must be exactly selected. (In some establishments an additional commission can be collected). If you choose this payment method, your minimum contribution must be equal or higher than $15.00 and no higher than $5,000.00 national currency. The contribution will be automatically reflected once the payment is processed correctly. We recommend you to keep the voucher, because without it there are no refunds or explanations.

Interbank transference

We will give you the name of a CLABE account where you can make a SPEI transference to realize the payment. Your donation will be reflected automatically within 24 hours maximum, if it is not so, you must search your transaction with the following link: http://www.banxico.org.mx/cep/. The information which appears is given by the entities of the payments under their exclusive responsibility; any consulted information is not given by Fondify, Fondify has no responsibility, every related claim or explanation must be directly with the reception entities and issuers of the payments. We recommend you to keep the voucher, because without it there are no refunds or explanations.

PayPal

Through a PayPal account or with credit or debit card through the system PayPal (in accordance with terms and conditions of the system, located in the following link: https://www.paypal.com/mx/webapps/mpp/Merchant/FAQ).

All of our adders are supervised by the National Bank and Value Commission (CNBV) as participant in nets of relevant disposition media and fulfill all the necessary proceedings to offer and give service of payment acceptance.

Fondify counts with security measures available for the management of the purchase’s information, Fondify declares as well, that he has no access and does not keep sensible data related to the payment media used by the donor, only the adder, who acts as payment processing entity has access to those data to be able to process the transactions. It is important to point out, that the adder is a third totally strange to Fondify, therefore is Fondify not able to be responsible for the use given to those data.

On his part, Fondify, worried about the security of his donors and the transactions they make through Fondify’s website, has implemented a program of detection of possible dishonest operations, therefore Fondify reserves the right to request information, confirmations and/or the website, by phone call or electronic mail directed to the number or account given by the donor himself, with the purpose to inform the adder that the purchaser has really realized and authorized those contributions and that the corresponding transactions may be allowed.

The chargeback

Fondify will be able to request information from the users before and after having realized corresponding contributions as telephone number or electronic mail, with the purpose to prevent chargebacks in the following cases:

When the user does not recognize a charge on his card, Fondify will be able to request, in the payment’s confirmation, how the charge appears in the card;

When the user’s card has been stolen or lost, Fondify will be able to request the corresponding demand, in the case of theft, or the report before the bank that the card is lost;

When the articles have not been received, Fondify will be able to request the salesman or auctioneer that they realize the shipment of the corresponding article, with the purpose that the chargeback is not realized and if it has not been shipped and the chargeback has been realized, Fondify will be able to realize the collection in extrajudicial form to the person in charge of realize the shipment.

Fondify will be able to reserve the right to request all the necessary evidence to the person who realized the chargeback, when he considers that the chargeback must not been done, with the purpose to resolve the disagreement.

Relation between the users who interact in Fondify’s platform

Relation between the parties who use the collection channels;

The parties who use the different collection channels, that is to say, the donor and the contributor; the creator and the sponsor; the salesman and the purchaser; the organizer and the assistant; the auctioneer and the bidder; the recruiter and the volunteer; and at last the recruiter, the school and the professional, declare and accept that they form a contractual bilateral bond and if they realize the contributions, they make it in a volunteer way. The parties will be ruled by what they themselves stipulate, and if any of the parts does not accept the others proposal, they must abstain to contribute with funds in the collection channel they are inscribed.

It is considered that the parties fulfill the contract when the donor hands down a possession to the contributor; the creator carries out his project with the resources which the sponsor brings and the creator delivers the reward which he promised to deliver; the salesman delivers the article to the buyer, previous payment of the last one; the organizer carries out the event and the assistant is present, previous payment, in case this is not free; the auctioneer delivers the auctioned possession to the best bidder; the recruiter realizes an activity with support of the volunteer for benefit to the society; and at last, the recruiter gives a professional service with the help offered by professionals assigned to a school.

If these assumptions do not come true, it will be considered that the persons who request funds have not fulfilled the obligation they had before the ones who realized the contributions. To repair the mentioned nonfulfillment, the parties who requested the funds, must realize the best possible effort to conclude the project, or being the case, realize the return of the funds previous explanation of the causes which avoided the fulfillment, give information how the funds were used and giving evidences they consider pertinent of the use of the funds. Fondify will collect the commission that corresponds, independent that the objective of the person who pretends to collect funds has not been fulfilled, because it is not Fondify’s obligation that the mentioned person has not been able to fulfill his objective.

The parties, as much as those who request funds, as those who realize the contributions, accept that unexpected changes in the project of the persons who pretend to request funds may be produced or in its case delays in the project’s conclusion. In these cases, the parties who pretend to get funds in the platform, will give an explanation to the persons who realized the contributions, what were the causes or the delay for the changes in the project, they must inform how the funds were used, with the proofs they consider pertinent, the person requesting funds may request Fondify a prorogation to be able to fulfill his objective, so the ones who realized the contributions will have the right to request information and ask questions they consider necessary, to those who obtained the funds and did not fulfill. Independent of the changes made to the project or in the case of delay, Fondify will collect the corresponding commission, because the changes or delays which are generated in the project are not Fondify’s obligation.

Fondify is not one part of this contract. The contract is a juridical agreement direct between the persons who intervene in the different collection channels. Fondify is not one of the parties in this contract, the unique obligation of Fondify is to realize the publicity of the persons who pretend to collect funds for a determinate project and once the funds acquired, Fondify will have the obligation to deliver them, previous commission’s collect.

Function of the donation

These are the terms which apply for the persons who grant funds:

The financial model that Fondify uses is All Helps, so all the collected is delivered to the persons who request funds, excepting Fondify’s commission. You will indicate the particulars of payment when you realize your contribution, in the case it is funds donation, the exact amount you have promised to give is the amount Fondify will collect.

In some cases we reserve the charge of your card. Fondify and its associated payment entities are able to authorize or reserve a charge in your credit card (or any other payment method used) for any amount to the total contribution.

In case do you not want to make that contribution or there has been some error in the number’s digitation, a refund can be received only if it is demanded during the next 24 hours, on the contrary we reserve the right to refund any amount. You cannot reduce or cancel your contribution before you take contact with the customer’s service via electronic mail. hola@fondify.org

Once the project has received its contributions, you only can cancel or modify your contribution speaking directly with the creator.

If you have acquired an article, service or reward, the approximate delivery date is an estimation of the creator about when he can deliver it, not a warranty of fulfillment of the named term. This estimation can change. We ask the creators to determine one date which they consider they are able to carry out without problems and that they communicate the donors any change that can be produced.

It is possible that persons requesting funds need to send a question related with their article, service or reward. To be able to send it, they may need information about you, as your postal address or your size, etc. To receive your article, service or reward you must give the information in a reasonable time.

Fondify does not realize changes nor returns of article, service or reward, the responsibility is exclusive of the creator’s project. Fondify does not have funds in the name of the creator, cannot guarantee the creator’s work and does not offer refunds.

These are the applicant terms for persons requesting funds:

The funds collected through Fondify will be deposited between the 1 and 5 of the immediate next month in the admitted account. If the admitted account has a digitation error, we are not responsible for a deposit in an incorrect account. Verify your particulars before sending them for revision.

We are going to collect our commission before the fund’s deposit in your account. Fondify and its associated payment entities will retain the commissions before transferring the accumulated collection of the running month.

We help you to resolve disputes of charges to cards. If a person who grants funds of your project requests a chargeback, Fondify will negotiate the refund’s annulation. We will notify you when a dispute turns up to give you the opportunity to supply proofs which can help us to resolve the matter in your favor. If the chargeback of the cards owner is found valid, the corresponding amount of the donor’s contribution will be collected from the registered card at the project’s beginning.

It is possible that for any reason we are not able to accept your project or that a problem shows up that takes time to resolve. Do not take for granted that you will be able to receive immediately your approbation in Fondify.

A delay in the fund’s deposit can result, therefore do not realize any action depending on the obtaining of the donation’s money until you really can withdraw it from your account and use it.

What do we not do and for what are we not responsible

Fondify is not responsible for the possible damages or losses derived from the use of the services neither of the consequences the project of the persons requesting funds generates. We do not involve ourselves in disputes between the parties and thirds related with the use of the services. We do not supervise the progress neither the punctuality of the project, we do not endorse the contents the users send to the site. When you use the Services, you are exempting Fondify of possible claims, damages and harms and every kind of lawsuits, known and unknown, suspected and not suspected, revealed and not revealed, derived from the named controversies and the Services, or in any way related with them. When you accede to the contents through the Services, you make it on your own risk. You are the sole responsible of any damage or loss shown up, for any of the parties, as a result of the named access.

In the case there is a controversy between the persons requesting funds and those supplying them, Fondify will adopt an impartial attitude in the dispute, so he will be able to collaborate in the problem’s solution giving the corresponding information so the parties can solve their disagreement, or when a competent authority requests that information.

Our commission

To create a room in Fondify is free. If you use one of our collection channels and generate donations and/or purchases, we (and our associated payment entities) will collect a commission.

The commissions of our associated payment entities can change lightly in function of the selected method, but they go from 3% up to 6% pro contribution.

We collect 10% total pro commission, which already includes the commissions that our associated payment entities may collect.

We have a Premium model, to acquire this membership it is necessary to pay ninety nine Mexican pesos ($99.00 MXN) monthly, doing this you have the right to use all our collection channels.

We will not collect any commission without giving you the option to receive and accept it. If we modify our commissions, we are going to notify that in our site. Some of the contributed funds by the sponsors are collected through payment providers. Every payment provider is an own entity and Fondify is not responsible for its acting.

You are responsible to pay any commission of additional rate derived from the use of Fondify.

Origin of the contributions

The parties declare that the contributions realized by the persons who grant funds and those who receive them are from a legal origin and are not considered vulnerable activities. In case that Fondify considers that any of the contributions realized by a person is a vulnerable activity, he will request that person to prove the origin of the contributions and to notify the competent authorities, in accordance to that ordered by the law, that the origin of the resources is legal, so to have the competent authority’s authorization. The parties using Fondify’s services will be obliged to keep the information relating to their projects and the funds obtaining, for a time of 5 years.

In case there is a conflict related to the origin of the contributions, the parties declare that Fondify is not part of the controversy, like it will be able to collaborate with delivery of the correspondent information in the case the competent authority requires it.

Other web sites

Fondify can have links to other web sites; par example, when you accede to web sites of thirds, you do it on your own risk. We do not control neither endorse those web sites.

Fondify associates with other companies, as PayPal, OpenPay, Conekta, Compropago, amomg others for the payment’s proceedings. When you sponsor or create a project, you are accepting the service terms of the payment’s processor.

Your intellectual property

Fondify is not the owner of the contents you send us (your “contents”), but we need you to concede us certain licenses to carry out our Services. When you create a room of your organization of the civil society and/or you use one of our collection channels you accept following:

We can use the contents you send. You concede us and thirds who act in our name, the world wide right, not exclusive, everlasting, irrevocable, exempt of perquisites, sub-licensable and transferable, to use, exercise, commercialize and exploit the rights of intellectual property, publicity and brands related to the contents.

When we use the contents, we can realize changes, as edit and translate it. You concede us the right to edit, modify, change the format, make appointments, eliminate or translate any part of the contents.

You are not going to send material whose rights of intellectual property you do not have (at least you have permission to do it). Your contents will not contain material of thirds protected by rights of intellectual property neither material subject to other rights of thirds, at least you have permission of the legitimate owner or you have legal right to publish the material (and concede Fondify all rights of the license pointed out in this document).

The license rights on your contents are your responsibility. You will pay any amount in debt to any person or entity for your contents or the lodging of the named contents in Fondify.

It guarantees that if we use your contents we are not violating the rights of intellectual property nor any kind of right. If Fondify or his users exploit or use your material in accordance to what the agreement contemplates, you guarantee that we are not falling into infringement of the rights from ay third, included among others, the rights of data protection of personal character, publicity rights, rights of intellectual property, contractual rights or any other property right or industrial property.

You are responsible for the published material. The information send to the site, both if it is published public and if it is transmitted in private, is the exclusive responsibility of the person who created the contents.

We are not responsible of the possible errors your contents may have. Fondify will not be responsible of any error or omission present in any contents.

Intellectual property of Fondify

The present content in Fondify is protected. You have the right to use it with certain personal purposes, but you cannot use it for commercial purposes without previous permission.

Fondify’s services are juridical protected in different forms, as through rights of intellectual property, brands, patents and commercial secrets, as well as other rights and laws. You accept to respect all mentions, data and legal restrictions on rights o intellectual property included in any content to which you accede through the site. You as well accept to not modify, translate nor create in any other way works derived from the Service.

Elimination of your account

You can eliminate your account in any moment. However, your account’s elimination will not eliminate the published contents .

You can close your account at any moment, but all clauses of this agreement will be being valid after the account’s cancellation, included our rights related to any content that you have send to the site. Par example, if you have created a room, the account’s elimination does not involve the retirement of the room from the site, unless it is directly requested in the mail atencio@fondify.org

Our rights

Therefore, in this section we reserve the right to take decisions to protect the solidity and integrity of our system. We do not take these competences perfunctorily, and we are only going to use them when we have no other alternative.

Fondify reserves the following rights:

We are able to realize changes in the site and Fondify Services without advise and not falling into any type of responsibility.

We have the right to decide who can use Fondify. We can cancel accounts or refuse to offer our services, especially if they are used the wrong way. We can modify our acceptance criterion any moment.

We have the right to cancel any contribution, at any moment and for any reason.

We have the right to reject, cancel, interrupt, eliminate or suspend any room or activity of any collection channel, at any moment and for any reason.

Fondify is not responsible for damages derived of none of these actions, and our politic is not to realize comments about the reasons of named actions.

We can inform the authorities of possible behaviors linked to money wash, support of terrorists activities and fraud and in general, any activity, which in accordance to the law can be considered as vulnerable activity coming from resources of illegal precedence.

Indemnity

If you realize any action which has as consequence that we are taken to court, or if you do not fulfill any of the promises realized in this agreement, you accept to defend us, indemnify us and exempt us from any responsibility, indemnity request and expense (included the lawyer’s fees and the judicial expenses, until a reasonable amount) derived from your use or bad use of Fondify, or related with its use, or bad use of Fondify. We reserve the right to assume the defense and exclusive control of any matter subject to this indemnity clause, in which case you commit to cooperate and help us to reaffirm our defense.

Responsibility limitation

In the maximum measure allowed by the law, in no case Fondify, his administrators, employees, partners, suppliers or content suppliers will be responsible for indirect damages, fortuitous, punitive, derived, special or exemplar of no type, included, but not limited to them, the damages resultant from the access to the Services, use of the Services, or the impossibility to accede to the Services or use them; for profit on half pay, loss of data or acquisition or substitution costs of properties or services; or any behavior or content of thirds in the site. In no case Fondify’s responsibility for direct damages will exceed (in total) the amount of one thousand Mexican pesos ($1,000.00 MXN).

Conflicts solution and applicable legislation

In Fondify we cheer you up to take contact with us if you have a problem and before you turn up to court. In the unfortunate case that a judicial action comes up, these terms (and the rest of norms, politics and rules included by allusion) are going to be guided and interpreted in accordance with the laws from Jalisco and Mexico. You accept that Fondify and its Services are considered a passive web site, which gives no place to jurisdiction on Fondify nor its matrix societies, subsidiaries, affiliated, grantees, employees, agents, administrators, persons in charge nor shareholders, specific as general, in no jurisdiction but the state Jalisco. You accept that any action in accordance to right and equity derived from these terms, or its use, or not use, of Fondify, or related with this terms or its use, or no use, of Fondify, will be negotiated only in the state or federal tribunals located in Guadalajara, Jalisco, Mexico. In the same way, by this agreement you accept and you submit to the individual jurisdiction of these tribunals for the litigation of any action this type. Hereby, you renounce in irrevocable form to any right which could have judgment with jury for any litigation, demand or proceeding.

The rest

These terms, and the rest of the material that is referred in them, are the agreement between you and Fondify related to the Services. They substitute any other communication and proposal (so well as oral as written or electronic) that comes up or has come up between Fondify and you related to the Services, and they rule our future relation. If any clause of these terms would be considered not valid by the law, named clause will be limited or eliminated in the minimum necessary measure so the terms go on having full validity and effect and be binding. If you or Fondify do not carry out any of the rights stipulated in these terms, it will not be considered a renounce to any other right.

These terms are specific for you. You cannot hand them over, transfer nor sublicense them, except you obtain the previous written authorization by Fondify.

Fondify has the right to hand over, transfer and delegate any of its rights and obligations derived from these terms without your consent. Fondify will inform you through electronic post, written notice of visible notification in our site.

If at any moment you find confusing information or contradictory about any of these aspects, consult these terms, because they are the ones ruling. Thank you for reading them and for using Fondify.

Doubts and more information contact hola@fondify.mx